Local groups defeat Merced County/Black Diamond Aggregates Mining Project in court
Merced CA (February 12, 2008) – A Merced County Superior Court ruled on February 7 against respondents Merced County Board of Supervisors approval of the Black Diamond Aggregates project. Petitioners in the California Environmental Quality Act lawsuit were Merced-based San Joaquin Raptor Rescue Center and Modesto-based Protect Our Water.
Judge John D. Kirihara ruled that a writ of mandate would be issued to "vacate and set aside the approval of ...the project."
Judge Kirihara agreed with petitioners that the County had abused its discretion in its failure to consider the "fair argument test" in the California Environmental Quality Act that the project may have significant environmental impacts. He noted that the supervisors ignored two letters from resource agencies (state Department of Fish and Game and U.S. Army Corps of Engineers) and numerous expressions of public concern about potential damage the project might do to the Merced River and adjacent irrigation. There was "substantial evidence in the record" to support the fair argument that the project might have significant environmental impact, he wrote.
San Joaquin Raptor Rescue Center and Protect Our Water challenged the Merced County Board of Supervisors’ approval on Dec. 19, 2006 of a mitigated negative for Black Diamond Aggregates, Inc., a mine close to the Merced River near Snelling owned by Reed Family Vineyards, LLC, and The Reed Leasing Group, LLC of Modesto.
The writ of mandate challenged the supervisors’ Dec. 19, 2006 adoption of the mitigated negative declaration, the General Plan amendment, rezoning, modifications to the mine reclamation plan, and major modifications to the existing mine’s conditional use permit.
Essentially, the County permitted Black Diamond to mine up to 25 feet below the surface of a mine in the Snelling dredge tailings, originally permitted to mine only to grade level and reclaim the site as grazing land. Under Black Diamond and the County’s reclamation scheme, 25-foot deep mining pits would have filled with water to create "open space" and “wildlife habitat” (at least until the next big flood).
The County ignored letters from two state and one federal resource agency that the Black Diamond project would have a significant impact on the hydrology and water supply of this area, rezoned out of the Snelling Rural Residential Center (RRC) No. 1 Residential and Agricultural zone. The project is two miles from downtown Snelling and about a half a mile from the Merced River.
The County adopted no mitigation measures on hydrology and water supply before the supervisors approved the project.
At the time of filing in January 2007, petitioners San Joaquin Raptor Rescue Center and Protect Our Water said: “Respondents violated their duty to prepare a legally adequate environmental impact report as required by CEQA.”
“This aggregate company, deeply involved with the destruction of the Tuolumne River, has now come to the Merced River and proposed a strip mine in the dredge tailings,” said Lydia Miller, president of the San Joaquin Raptor Rescue Center. “The planning department, project proponents and the supervisors tried to sneak the multiple violations of CEQA in this project through on a very crowded agenda at the end of the year despite a petition signed by 60 Snelling residents against it. This county government is encouraging outside special interests to run roughshod over its citizens and its natural resources.
“We were represented by the skilled, experienced environmental law firm of Don Mooney and Marsha Burch,” Miller added.
For further information contact:
Lydia Miller
San Joaquin Raptor Rescue Center
Merced
(209) 723-9283
Law Offices of Donald B. Mooney
MARSHA A. BURCH
Davis, California
(530) 758-2377